Written answers

Tuesday, 31 March 2015

Department of Social Protection

Domiciliary Care Allowance Eligibility

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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248. To ask the Minister for Social Protection further to Parliamentary Question No. 348 of 15 April 2014, if she will be reviewing policies regarding the domiciliary care allowance in view of the High Court judgment referred to in the previous parliamentary question; if her Department will be contacting persons who were unsuccessful in their application, and notifying them of the ability to re-apply; the number it will be contacting; the time frame for same; the number of persons her Department has contacted notifying them that they could re-apply; and if she will make a statement on the matter. [13343/15]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The High Court ruling of 1 April 2014, to which the Deputy refers, involved a challenge to the process involved in determining eligibility on a claim for domiciliary care allowance (DCA). While the Judge found in favour of the person concerned and ordered that the decision in this individual claim be returned to the Department for reconsideration, he also put a stay on the order to 28 April, thus providing time to the Department to consider the detailed judgement, along with any implications it may have for decision making.

The Department has appealed the judgement to the Court of Appeal and has requested a priority hearing. Notwithstanding this appeal, the Department has implemented revised arrangements in cases involving Medical Assessors opinions to demonstrate that it complies fully with the governing legislation.

The Department has not contacted any parent in relation to this and does not plan to do so.

However, it is open to any person to apply or re-apply for DCA at any time if they consider that they and their child satisfy the qualifying conditions for the scheme.

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